Category Archives: DUI
Can a Florida Prosecutor “Comment” on Your Right to Remain Silent?
In any criminal proceeding, the federal and Florida state constitutions guarantee your right to remain silent. This means you do not have to testify at your own trial. It also means that if you do so, the jury is not allowed to assume or infer your guilt based on your decision to remain silent…. Read More »
Does the Severity of a DUI Accident Victim’s Injuries Matter in Criminal Sentencing?
In Florida felony cases, judges must follow the Criminal Punishment Code (CPC) when sentencing a defendant. The CPC creates a scoring system that assigns points for a number of different variables. For example, each specific felony offense has an “offense level” between a 1 and 10. Each level carries a different number of “points.”… Read More »
Can a Florida Police Officer Demand You Take a Breath Test Outside of Their Jurisdiction?
Florida courts have long recognized the “color of office” rule. Basically, this rule provides that a police officer cannot use the appearance of official power in a jurisdiction where they have no such power. The rule dates back to a 1962 case, Collins v. State, where two West Palm Beach police officers illegally conducted… Read More »
Is a Florida Police Officer’s Testimony Enough to Support a DUI Arrest?
“Reasonable suspicion” is the legal standard a police officer must meet to initiate a DUI investigation under Florida law. Specifically, an officer must have reasonable suspicion that a driver’s normal faculties are “impaired” due to the use of alcohol or drugs. What is “reasonable” will depend on the circumstances. Speeding Justified Traffic Stop, Subsequent… Read More »
Could Expunging Your DUI Arrest Prevent You From Filing a Civil Rights Lawsuit?
A drunk driving arrest carries a social stigma even when the suspect is never formally charged or convicted. So if you have been falsely accused of DUI, you should know that it is possible to have the records of your arrest destroyed. Florida’s expungement law permits an individual to ask a court to order… Read More »
What Happens to My Auto Insurance Following a Florida DUI Conviction?
Under Florida’s drunk driving laws, any DUI conviction will lead to the suspension of a defendant’s driver’s license. Indeed, even if a person is charged but never criminally convicted of DUI, they can still face an administrative license suspension of 6 months. This also applies to “implied consent” cases where a driver is lawfully… Read More »
Orange County Jury Convicts Driver in DUI Accident Case
Driving under the influence (DUI) is a serious matter in Florida. Even a first offense carries the potential for 6 months in jail and a fine of between $500 and $1,000. Of course, those maximums can quickly escalate if a defendant has any prior drunk driving convictions–even outside of Florida–or there is another aggravating… Read More »
Former WWE Star Sentenced to 17.5 Years Following Fatal Volusia County Crash
A Florida DUI charge can quickly escalate due to a number of potential aggravating factors. While most first offenses for drunk driving are misdemeanors in Florida, it is still possible to face a felony charge if one of these factors is present. For example, if your blood alcohol content is 0.15 percent or higher,… Read More »
How Much Probation Time Can I Receive for a Reckless Driving Charge in Florida?
Many Florida criminal cases, particularly those involving misdemeanors, are resolved through a negotiated plea bargain. In exchange for entering a plea of “guilty” or “no contest,” the State Attorney often agrees to a reduced charge and a sentencing recommendation. Ultimately, the trial judge has the final say in whether to approve the plea bargain…. Read More »
Can Florida Police Arrest Me Without a Warrant on Misdemeanor DUI Charges?
In general, a police officer in Florida cannot arrest a person for a misdemeanor offense without first obtaining a warrant. There is an exception for misdemeanors committed in the presence of an officer. An officer attending the scene of a “traffic crash” may also make a warrantless arrest if, based on their investigation, they… Read More »
